Terms & Conditions
Last updated: [effective date]
These Terms & Conditions (the “Terms”) form a binding agreement between you and [Operator legal name] (“DueNote”, “we”, “us”, or “our”) governing your use of the DueNote website and application (the “Service”). Please read them carefully.
By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Who we are
The Service is operated by [Operator legal name] ([legal form]), [postal address]. You can contact us at [contact email].
2. Eligibility
You must be at least 16 years old (or at least 13 where permitted by local law, such as in the United States) and able to enter into a binding contract to use the Service. If you use the Service on behalf of an organization, you confirm you are authorized to bind that organization to these Terms.
3. Your account
You sign in using a one-time email code or with Google. You are responsible for keeping access to your email and account secure and for activity that occurs under your account. Tell us promptly at [contact email] if you suspect unauthorized use. Accounts are for a single user and may not be shared.
4. The Service
DueNote is a language-learning workspace that lets you organize study material into courses and workbooks and use features such as translation, text-to-speech, audio transcription, and text recognition (OCR). Some of these features are powered by third-party providers (see our Privacy Policy). Machine translation, synthesized speech, transcripts, and recognized text are provided for convenience and may contain errors; they are provided “as is” and you should not rely on them where accuracy is critical.
We may add, change, or remove features, and we may set reasonable usage limits to keep the Service stable and prevent abuse.
5. Your content
You retain all ownership of the courses, notes, vocabulary, and files you create or upload (“Your Content”). You grant us a limited, non-exclusive, worldwide license to host, store, process, and display Your Content, and to transmit it to the service providers listed in our Privacy Policy, solely as needed to operate and provide the Service to you.
You are responsible for Your Content. You represent that you own it or have all rights and permissions necessary to upload it and to have it processed as described, and that it does not infringe anyone’s rights or break the law. Do not upload other people’s personal data unless you have a lawful basis to do so.
6. Acceptable use
You agree not to:
- Upload or share content that is illegal, infringing, or that you do not have the right to use.
- Use the Service to violate anyone’s privacy or intellectual-property rights.
- Attempt to disrupt, overload, reverse engineer, or gain unauthorized access to the Service or its infrastructure.
- Circumvent usage limits, security, or access controls.
- Use the Service to build a competing product or to scrape it at scale.
We may suspend or terminate access for violations (see Section 12).
7. Copyright and takedown
We respect intellectual-property rights and expect you to do the same. If you believe content on the Service infringes your copyright, send a notice to [contact email] identifying the work, the allegedly infringing material, your contact details, and a statement of good-faith belief and accuracy. We will review valid notices, remove infringing material where appropriate, and may terminate the accounts of repeat infringers.
8. Plans, fees, and billing
Some features require a paid plan. Prices and what each plan includes are shown at the point of purchase. Paid plans are offered on a subscription basis, billed monthly or annually as you select. Unless stated otherwise, prices are in US dollars (USD) and are exclusive of applicable taxes — including US state and local sales tax and Canadian GST/HST — which are calculated and added at checkout where required. Payments are processed by our payment processor, Stripe, Inc.; by purchasing, you also agree to Stripe’s terms.
You authorize us and our payment processor to charge your chosen payment method for the plan you select, including applicable taxes.
9. Subscriptions and automatic renewal
Subscriptions renew automatically at the end of each billing period (monthly or annually, as selected) at the then-current price, until you cancel. By subscribing you affirmatively consent to this automatic renewal.
You can cancel at any time through the billing portal in your account settings (provided by Stripe) or by emailing [contact email]; cancellation takes effect at the end of the current billing period, and you keep access until then. We will send any renewal or price-change notices required by law before charging you.
California residents (and others with similar protections): you may cancel online at any time before the next renewal to avoid the next charge. We will provide the disclosures and reminders required by the California Automatic Renewal Law.
10. Refunds and EU right of withdrawal
If you are a consumer in the EU/EEA (or the UK), you normally have the right to withdraw from a purchase within 14 days without giving a reason. However, the Service is supplied as digital content/services: by purchasing and starting to use a paid feature, you expressly request that we begin performance immediately and you acknowledge that you lose the right of withdrawal once the service has been fully performed.
Beyond your statutory rights, our refund practice is described at the point of purchase. To request a refund or exercise a withdrawal right, contact [contact email].
We may change prices for future billing periods; we will give you advance notice and the change will not take effect until your next renewal.
11. Our intellectual property
The Service itself — including its software, design, text, logos, and the “DueNote” name — is owned by us or our licensors and is protected by intellectual-property laws. These Terms do not grant you any rights in our intellectual property except the limited right to use the Service in accordance with them.
12. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends; we handle your data as described in the Privacy Policy. Sections that by their nature should survive (for example content ownership, disclaimers, liability, and governing law) will survive termination.
13. Third-party services
The Service relies on third-party providers (for example for translation, speech, text recognition, storage, email, and payments). Their services may be subject to their own terms, and we are not responsible for their acts or omissions beyond what the law requires.
14. Disclaimers
To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement, and we do not warrant that it will be uninterrupted, error-free, or that machine-generated output will be accurate. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable law, including mandatory consumer-protection rights.
15. Limitation of liability
To the fullest extent permitted by law, we will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, or goodwill. Our total liability arising out of or relating to the Service is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or EUR 50.
These limits do not apply to liability that cannot be limited by law — for example liability for death or personal injury caused by negligence, for fraud, or under mandatory consumer-protection law. If you are a consumer, you keep all rights granted to you by the mandatory law of your country of residence.
16. Indemnification
To the extent permitted by law, and except where you are acting as a consumer, you agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from Your Content or from your breach of these Terms — in particular claims that Your Content infringes a third party’s rights.
17. Governing law and disputes
These Terms are governed by the laws of [governing jurisdiction], without regard to conflict-of-laws rules, and the courts of [venue/city] have jurisdiction over disputes. If you are a consumer, you also benefit from the mandatory protections of the law of your country of residence, and you may bring proceedings in your local courts where the law allows.
EU consumers may use the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. Nothing here prevents US consumers from exercising rights available under applicable US federal or state law.
18. Changes to these Terms
We may update these Terms from time to time. When changes are material, we will update the “Last updated” date and, where appropriate, notify you within the Service. Your continued use after an update means you accept the revised Terms; if you do not agree, stop using the Service and you may delete your account.
19. General
- Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
- Severability: if any provision is held unenforceable, the rest remains in effect.
- No waiver: our failure to enforce a provision is not a waiver of it.
- Assignment: you may not assign these Terms without our consent; we may assign them to an affiliate or successor.
- Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
Questions about these Terms? Contact [Operator legal name] at [contact email].